54 MORICE v. FRANCE JUDGMENT – SEPARATE OPINIONS CONCURRING OPINION OF JUDGE NICOLAOU Judge M. of the Paris tribunal de grand instance had, for some time, already been seised as investigating judge of the so-called “Scientology” case when, in 1997, she was assigned, jointly with a colleague, the unrelated Borrel case, a particularly sensitive case which has given rise to the present proceedings before the Court. The applicant acted as lawyer for the civil parties in both cases and was dissatisfied with Judge M.’s conduct of the respective investigations, although not for exactly the same reasons. In June 2000, at a time when important developments were taking place in the Borrel case, an unpleasant turn of events occurred in the “Scientology” case. Following a suit brought by the applicant, as counsel, in which the State had been found liable for gross negligence in respect of the handling of the “Scientology” file, disciplinary proceedings were brought against Judge M. in that connection. It was said that she had failed to show the requisite care and attention, leaving the case practically untouched for five years; that, in a friendly-settlement procedure to which she had had recourse, she had overstepped the bounds of her jurisdiction; and that she had not prepared copies of all the documents in the file, thus making its reconstruction impossible after parts of it had disappeared from her chambers. These matters were referred to the disciplinary board for judges by decision of the Minister of Justice. Unfortunately, the Minister’s decision was made public at a press conference given by the director of her private office before Judge M. herself and the court’s president had been notified. This prior publicity sparked off a protest on the part of judges serving in the same court. They expressed sympathy for their colleagues who had been snubbed in this way and reasserted the right of judges to be treated with due respect; a right that can be no less than that which is owed to members of the public. At a general meeting held a few days later, the judges of that court unanimously adopted the following motion: “The general meeting of judges of the Paris tribunal de grande instance held on 4 July 2000, without disputing the authority conferred on the Minister of Justice to take disciplinary proceedings in the conditions prescribed by law, is surprised to learn from the press that such proceedings have been initiated against Judge [M.], investigating judge in Paris, whereas to date neither the judge herself nor her judicial hierarchy have been officially informed thereof.” The present Article 6 § 1 issue turns on what one of the judges said at that meeting. He expressed himself in this way: “We are not prohibited, as grassroots judges, from saying that we stand by Judge [M.]. It is not forbidden to say that Judge [M.] has our support and trust.” Nine years later the Court of Cassation, sitting in a formation of ten members, heard at final instance the applicant’s appeal against conviction on a criminal charge brought against him for statements he had made about